Dear Tax Experts,

I am a employee of Adobe,I do not have SSN and ITIN, During the tax year 2010 I was in India, so I am a Non resident, In the month of march 2010 I sold 61 shares of Adobe(my employer) @35.10, total sale proceeds $2141.10,but stock broker transferred only $1512.21 to my account. Before the above transaction stock broker asked me provide W-8BEN form (which is exempt from back up withholding @28%) But I won't, I called up the broker asked about $628.89 (total sale proceeds $2141.10-$1512.21), he said you need to file tax return to IRS and get your taxes back,Is this correct?
My question is I need to apply for ITIN to file my tax return,
OR, how can I get my taxes from IRS, please help me please...

The only way to get your money from the IRS is to file a tax return, so yes, you need an ITIN.

Why didn't you send in the W-8BEN form when asked? That would have avoided this whole mess.

Gnareshca:

Well, live and learn! What is past is past, so you will need to submit Form 1040NR plus a Form W-7 to apply for the ITIN in order to get the $629 back.

If you need professional help filing these forms, email me at [email protected].